Beaumont Wrongful Death Lawyer

Have you lost someone due to the negligence of another?

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If you or a loved one has a related case, please fill out the form below. If you wish to call our number is 1.800.391.0227.

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Beuamont Wrongful Death Litigation

Losing someone due to the negligence of another is not easy to handle on your own. We are here to help the people of Beuamont with their case and ensure they are getting the maximum compensation they deserve. Wrongful death attorneys can answer any questions you have regarding your case, start an independent investigation of your loved one’s death, they may assist you collecting all evidence relevant to your case, and wrongful death attorney’s can also help when the insurance companies are denying liability.

Many families are offered settlements before even getting into contact with an attorney. Ensure that you are getting the highest possible compensation or settlement for your case and contact a wrongful death attorney. No one deserves to go through this difficult and confusing time alone.

Type of Wrongful Death Lawsuits

There are many different types of wrongful death cases you may seek compensation for. Our law firm will ensure you are receiving maximum compensation no matter what your case may be. Under Texas state law wrongful death refers to a wrongful act, neglect or negligence, carelessness, default, or unskillfulness of the defendant.

These cases involve incidents such as:

  • Car Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Industrial Accidents
  • Construction Accidents
  • Refinery Accidents
  • Dog Bites
  • Amusement Parks Accidents
  • Daycare Neglect
  • Product Liability
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Free Consultation. Pay Only If You Win.

If you or a loved one has a related case, please fill out the form below to schedule a call.

Schedule your free consultation now

Robert L. Woods Attorney at Law
Woods Law Firm P.C.
Beaumont, TX
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Steps to take if you suspect wrong death in Beaumont

Here are just a few of the things that we can do for you:

There are a few things to handle right away after you suspect your loved one has been a victim of wrongful death. Start by ensuring you have filed a police report as soon as possible as this will become important evidence down the line in your case. This is because the police report includes essential details regarding the incident such as the date and time this took place, what happened exactly during this time, people present during the incident, and what video or photographic evidence exists of the event. After filing a police report with the Beaumont police department, consult with an experienced attorney and ensure you are telling them every last detail involving the incident. Use this time to ask your attorney any questions about your case or the process of filing for wrongful death in general. It is wise to be fully aware of what is happening in your case, your attorney will help make sure you are knowledgeable. Here are the basic steps taken in the legal process of a wrongful death lawsuit:

  • Free consultation/case evaluation - Schedule a free consultation with an experienced Texas wrongful death attorney so that they may properly access your case. Make sure to provide every detail involving this incident so that they can represent you to the best of their ability. They will inform you if you have a valid case for wrongful death and what they will need from you.
  • Investigate- Your attorney will conduct an investigation to identify any potentially liable parties and collect evidence of their carelessness during the incident. This may require resources such as medical and accident reconstruction experts. A skillful attorney will be able to properly connect you with each of these resources.
  • Calculate damages- Calculating your losses is the next step towards filing a wrongful death claim, this information lets you know how much you are able to seek for damages.
  • Draft and file the complaint- Your attorney will begin drafting the complaint. This is a legal document filed with the court and will mark the beginning of your case.
  • The pre-trial process-This involves conferences with the defendants, discovery period of exchanging evidence and file motions and negotiations, etc. This is the longest step of the process of filing for wrongful death.
  • Negotiating settlements- Your attorney may use information gathered during the discovery period to prove to the other party that your case will win in court. This leads to defendants willing to settle outside of court to avoid losing or paying more as a result of the trial.
  • Jury Trial- If no settlements are made, this case will proceed in front of a jury or a judge.

Wrongful Death Fatality Recovery in Beaumont Texas

Texas state laws limit who may file for wrongful death. The only family members that are able to take this action are:

  • A legally married spouse
  • Children
  • Parents

A wrongful death attorney can answer any questions you have involving the rules of recovering damages in wrongful death cases.

Death of a family member impacts each relative in a different way, the court is aware of this and will decide the proportion of loss for each family member. Claimants divide the damage award in proportion to their percentages of loss. It can be helpful to have legal assistance during this process to avoid issues that may come from this divide. They will have the knowledge and experience to ensure fairness for the family members in more complicated situations. It is also possible in cases where the death was intentional that the family receives punitive damages from this case as well. Ask your attorney if this is something you may be eligible for.

Damages that may be recovered in wrongful death cases may include:

  • Funeral expenses
  • Loss of inheritance
  • Emotional support services
  • Loss of companionship
  • Mental anguish, grief, and suffering
  • Out of pocket related expenses
  • Loss of support for help with childcare and household duties
Beaumont Wrongful Death Frequently Asked Questions (FAQ)
What elements are needed to prove a negligence claim?
All legal claims have elements specific to the case that must be proven for a good chance at winning. There three elements to a negligence claim that must be proven within the case. First, it must be established that there was a duty of care owed to the person injured. It must then be proven that there was a breach of this owed duty and that this breach is was led to these injuries being claimed. The victim’s death is an automatic form of damages in wrongful death lawsuits. Family members of the deceased, (Spouse, parent, or child,) may seek compensation for their own personal losses relating to the unexpected passing of their loved one.
What qualifies as wrongful death?
Wrongful death can be defined as a person’s negligence or intent of harm being the reason of another person’s passing. Wrongful death claims are filed to allow loved ones of the deceased to receive compensation for any expenses relating to this person’s passing. This may include accidents caused by neglect at daycares, nursing homes and hospitals. Wrongful death may also take place on the job by employers or third parties. Contact an attorney as soon as possible if you believe you have lost a loved one due to wrongful death.
Can I File a Texas Wrongful Death Claim?
If you have lost a loved one due to wrongful death, contact a wrongful death attorney as soon as possible and bring a wrongful death claim against the person or company that caused the death. In Texas, spouses, children, and parents are eligible beneficiaries of a wrongful death claim. However, children and spouses are given primary right to file this wrongful death claim. This means parents and siblings are not likely to be able to file the wrongful death claim if there is already a child or spouse pursing one. What must not be forgotten in this process is the statute of limitations. In Texas, the wrongful death claim must be filed within two years of the family member’s death. It is important to consult with an attorney and ask questions specific to your case as all of them vary drastically.
What evidence is involved in a wrongful death lawsuit?
A substantial amount of evidence must be brought forward in wrongful death lawsuits. Proving the negligence of another person that resulted in death requires critical evidence that assists in proving you brought forward a valid claim. Evidence must be provided that prove the party responsible owed your loved one a duty of care, breached that duty and as a result, lead to their death. In cases involving criminal acts, intent of harm must be proven or demonstrated which will require even more extensive evidence like testimonies, expert opinion, further legal investigation, etc
What makes wrongful death cases different?
It is common to assume if a someone dies, and it is believed to have been caused by another person or entity that they will be criminally charged. This is not always the case. What makes wrongful death different from criminal cases is that there are no criminal penalties involved in a wrongful death case. Defendants are not brought forward by state or federal government as these are civil cases. The purpose of these cases is not to punish the defendant but to award compensation to the plaintiff to support the deceased’s family. Outcomes will vary greatly by your case and state, both criminal and civil charges can be filed. The state of Texas will bring criminal charges against the defendant.

Survival Actions

The state of Texas allows for the estate of the person who was killed to collect compensation for conscious pan and suffering as well as punitive damages. These are awards of money that are not to compensate the victim or their family, these are damages to punish whoever caused the accident. The victim may collect if it can be proved this person lived for a period of time after sustaining these injuries. This is referred to as “survival actions.”

Texas Worker Death Lawsuits

The maximum death benefit paid is $861 a week and is paid until the spouse passes unless they decide to remarry. It is then limited to 104 additional weeks during this marriage. If death is caused by some other person and not the employer, the family of the worker may file a lawsuit against another contractor and sue for wrongful death. A wrongful death claim is not limited by worker’s compensation as long as the worker is employed by the party who is being sued.

Why File a Wrongful Death Claim?

There are many reasons to file a wrongful death claim, some you may not have even thought about. If you have lost a loved one due to the negligence of another, do not hesitate to collect the compensation your family deserves.

Filing a wrongful death claim can help you receive the money you need to cover funeral expenses, replacing the wages your loved one would have received if they survived, or even compensation for the loss of companionship. Filing a wrongful death claim can help you to cope with the mental and emotional exhaust of losing a spouse, child, or parent. You and your family are not in this alone.

Why you should contact a wrongful death attorney:

Contacting the right wrongful death attorney here in Beaumont is one of the most important things you can do at a time like this. Losing a loved one too soon is hard enough on its own, let an expert attorney handle the legal frustrations so that you and your family may heal. Wrongful death attorneys handle a number of tasks and make the entire process of a lawsuit less complicated for you. Wrongful death attorneys offer advice and information, they understand the legal process, can help save both time and money, an attorney knows the value of your claim, they provide support and they will take your case to trial.

Statute of Limitations in Beaumont Texas

A wrongful death lawsuit in Beaumont Texas must be filed within two years of the family member’s passing. If you wait too long to file a claim, you may lose eligibility to seek any compensation for this incident. This is why it is important to speak with an attorney as soon as you can following the passing of your loved one. You must allow time for the attorney to properly investigate and bring forward the case. There are a few exceptions to the two-year limitation including:

  • The plaintiff of the wrongful death lawsuit is a minor.
  • Negligence of the named defendants was not known.
  • Fraud
  • Mental or physical impairment of the plaintiff kept him/her from filing during the 2-year period

In order to receive compensation, negligence of defendant must be proven. The following are factors that determine the negligence:

  • A legal duty owed
  • A legal duty breached
  • Breach of duty caused injury
  • Monetary damages that occurred

More Information

Some location-specific wrongful death content can be found in the links below:

About Wrongful Death

Join us as we speak with Attorney at Law, Robert L. Woods, from Woods Law Firm P.C. In this interview we discuss details related to Wrongful Death litigation, how these cases are handled, and common questions potential clients may have during the process.

Robert L. Woods

Attorney at Law, Woods Law Firm P.C.

About Robert L. Woods

Attorney Robert L. Woods is a retired 21 year police executive. At the time of his retirement he held the rank of Lieutenant. Mr. Woods has a Bachelor of Arts Degree in Criminal Justice and is a member of the Criminal Justice Honor Society. Mr. Woods is also a graduate of the prestigious FBI National Academy, where he specialized in police management, practices, and policies. Mr. Woods advises police departments on police management and police procedures. He is the legal advisor for the Fort Bend County Pct. 2 Constables Office and is a leader in Criminal and Personal Injury Law.

Law Firm Information
Firm: Woods Law Firm P.C.
Address: 2016 Main St.,
Houston, TX 78701
Phone: 1.800.391.0227
Woods Law Firm P.C.
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